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HB332 ENROLLED
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HB332
I3SIGW6-3
By Representative Treadaway
RFD: Public Safety and Homeland Security
First Read: 27-Jan-26
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First Read: 27-Jan-26
Enrolled, An Act,
Relating to day care centers; to require the Department
of Human Resources to create an anaphylactic response policy;
to require all licensed day care centers to adopt and
implement the anaphylactic response policy; and to require all
licensed day care center employees to complete an anaphylaxis
training program.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
term "employee" means an individual who is hired to facilitate
the care of children attending day care centers. This
definition does not include service staff, such as cooks,
janitors, or bus drivers.
(b) Section 38-7-22 is added to the Code of Alabama to
read as follows:
§38-7-22.
(a)(1) On or before August 1, 2027, the State
Department of Human Resources shall establish an anaphylactic
response policy that sets forth guidelines and procedures
required for day care centers and trained staff to prevent a
child from suffering from anaphylaxis and to be used during a
medical emergency resulting from anaphylaxis.
(2) On and after January 1, 2028, all day care centers
shall implement the anaphylactic response policy developed by
the State Department of Human Resources pursuant to this
section.
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section.
(3) On and after January 1, 2028, upon enrollment of a
child at a licensed day care center, and annually thereafter,
the day care center shall notify the parent or guardian of the
anaphylactic response policy in writing.
(4) The policy shall be developed in consultation with
the Alabama Department of Public Health and the Alabama State
Board of Pharmacy and shall be based on the guidance and
recommendations provided by the American Academy of Pediatrics
relating to the management of food allergies or other
allergies.
(5) At minimum, the anaphylactic response policy shall
require all of the following:
a. A procedure and treatment plan, including emergency
protocols and responsibilities, for trained employees
responding to a child suffering, or reasonably believed to be
suffering, from anaphylaxis.
b. Appropriate guidelines for each day care center to
develop an individual emergency plan for children with an
allergy that could result in anaphylaxis. These plans shall be
kept by the day care center and followed in the event of an
emergency. All employees must be aware of which children have
individual emergency plans and where the plans are stored.
c. Strategies for reducing the risk of exposure to
anaphylactic-causative agents, including food and other
allergens.
(b) Beginning on or before August 1, 2027, all
employees of licensed day care centers must complete an
anaphylaxis training program developed by the Alabama
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anaphylaxis training program developed by the Alabama
Department of Public Health pursuant to Section 22-1-16 and
shall complete this program or subsequent online training
developed by the Alabama Department of Public Health every two
years thereafter. Each day care center shall issue a
certificate, as developed by the Alabama Department of Public
Health, to each employee who successfully completes the
anaphylaxis training program. Each day care center shall keep
on file a copy of all issued certificates.
(c) Day care centers that opt to acquire and keep stock
of nonpatient-specific epinephrine delivery systems on site as
authorized entities pursuant to Section 22-1-16 are subject to
and must comply with all requirements, immunity provisions,
and liability provisions as prescribed by that section.
(d) The following persons shall not be liable for any
injuries or related damages that result from any act or
omission taken pursuant to this section, provided this
immunity does not apply to an act or omission constituting
willful or wanton conduct:
(1) An authorized entity that possesses and makes
available epinephrine delivery systems and its employees,
agents, and other individuals, pursuant to Section 22-1-16.
(2) An individual or entity that conducts the training
described in this section, but only to the extent the injuries
or related damages arise from the training conducted by the
individual or entity. The immunity provided in this subsection
does not affect a manufacturer's liability regarding the
design, manufacture, and instructions regarding the use of, or
training regarding the use of, an epinephrine delivery system.
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training regarding the use of, an epinephrine delivery system.
(3) An employee who responds in good faith to the
anaphylactic reaction of a child in accordance with the
guidelines implemented under this section for acts or
omissions in the course of responding to the reaction.
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 03-Mar-26, as amended.
John Treadwell
Clerk
Senate 10-Mar-26 Passed
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